Pubdate: Wed, 29 Nov 2000
Source: Sydney Morning Herald (Australia)
Copyright: 2000 The Sydney Morning Herald
Contact:  GPO Box 3771, Sydney NSW 2001
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Website: http://www.smh.com.au/
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Author: Joseph Kerr

DISABILITY LAW NOT FOR DRUG ADDICTS: CARR

The Premier said yesterday he would remove anti-discrimination protection
for heroin addicts - while also announcing two new recovery rooms and
$670,000 to rehabilitate young users.

Following a Federal Court decision that found drug addiction could be a
disability and so fall under the disability discrimination laws, Mr Carr
indicated he wanted both Federal and State law changed.

The Federal Court's Justice Catherine Branson found on November 15 that drug
dependency fell within the legal concept of disability.

Under the ruling, former heroin addict Wayne Edward Marsden may have been
discriminated against when he was refused service by and expelled from
membership of the Coffs Harbour and District Ex-Servicemen's and Women's
Memorial Club.

In a letter to the Prime Minister, Mr Carr said anti-discrimination
legislation had never been intended to be used to protect drug users, and
both the Federal and State laws should be changed to overturn the anomaly.

"If the consequence of this case is that drug addiction can be classified as
a disability in relation to employment, education or accommodation, then the
legislation needs to be changed," Mr Carr wrote to Mr Howard.

The Premier said drug users had to take responsibility for their lives. "It
is my personal view that a decision by an adult to inject heroin - in the
face of all the evidence and all the education and all the warnings - is [a]
reckless act, I would say a stupid act," he told Parliament yesterday.

"By injecting heroin they put pressure on ambulance staff, on health
resources that could be going to others. It is pre-eminently a selfish act."

Mr Carr also announced a $670,000 heroin overdose prevention plan, which
will pay particular attention to young users and will feature recovery
rooms, one in Sydney and one in south-west Sydney, where health workers will
care for users who have overdosed.
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